Ex Parte VOGT - Page 4




            Appeal No. 2000-1085                                                                      
            Application No. 08/980,349                                                                



                 The dispositive question is whether it would have been                               
            obvious to one of ordinary skill in the art to employ tin oxide                           
            doped with phosphorus as the conductive layer material of the                             
            conductive pigment described in either Bruckner or Stahlecker.                            
            On this record, we answer this question in the affirmative.                               
                 Although both Bruckner and Stahlecker teach that any                                 
            conventional conductive metal oxide or mixtures of metal oxides                           
            can be used as the conductive layer material of their conductive                          
            pigment, they indicate a preference for tin dioxide doped with                            
            antimony as the conductive layer material.  See Bruckner, column                          
            2, line 65 to column 3, line 10 and Stahlecker, column 2, line 64                         
            to column 3, line 25.  However, Okuda teaches (page 2, lines 6-                           
            11) that:                                                                                 
                       As an electroconductive powder, carbon black has                               
                 been known, but its use is highly restricted because of                              
                 its black colour, poor dispersibility in vehicles, of                                
                 containing carcinogenic substances, and like                                         
                 limitations.  Recently, tin oxide powder doped with                                  
                 antimony, or titanium dioxide powder coated with a                                   
                 layer of tin oxide doped with antimony have been                                     
                 developed and used.                                                                  













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